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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Ramkrishna Pandey – Appellant
Versus
State of Chhattisgarh – Respondent
Key Points: - The court held that obligations to maintain senior citizens can be inferred from circumstances surrounding a gift deed, not solely from express terms. (!) (!) (!) - The maintenance obligation can justify cancellation of a gift deed under Section 23, even if not expressly stated. (!) (!) (!) - The applicability of Section 23(1) of the Act can arise from implied maintenance duties, and does not require an express covenant in the gift deed. (!) (!) (!) - The role and jurisdiction of the Maintenance Tribunal, and its proper composition, are upheld as consistent with the Act and statutory rules. (!) (!) - The standard of review for writ petitions in this context is that courts may not re-appreciate concurrent findings of fact unless perverse or without jurisdiction. (!) (!)
| Table of Content |
|---|
| 1. challenge based on neglect and forced displacement of senior citizens. (Para 3 , 5 , 6) |
| 2. legal interpretations of obligations implied in gift deeds. (Para 7 , 20 , 21) |
| 3. defense against allegations of neglect and tribunal's authority. (Para 12 , 13 , 15 , 22) |
JUDGMENT ON BOARD
Per Ramesh Sinha , Chief Justice
03 .0 2 .202 6
1. Heard Mr. Rajeev Shrivastava, learned Senior Advocate assisted by Mr. Mr. Akshat Tiwari and Ms. Sakshi Dewangan, learned counsel for the appellants. Also heard Mr. Priyank Rathi, learned Government Advocate, appearing for the State/ respondent No.1 and Mr. Vikrant Pillay, learned counsel, appearing for respondent Nos. 2 & 3.
2. By way of present writ appeal under Section 2 of Sub-Section (1) of the Chhattisgarh High Court (Appeal to Division Bench Act, 2006, the appellants, who were petitioners in the writ petition have challenged the order dated 20.01.2026 passed by learned Single Judge in WPC No. 87 of 2025 (Ramkishna Pandey & Another Vs. State of Chhattisgarh & Others), by which the writ petition filed by the writ petitioners/ appellants herein has been dismissed by the learned Single Judge.
3. Brief facts, necessary for disposal of this app
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